Taking a stand for one's rights

On a December morning in 2008, Wakeelah Cocroft, a product of Worcester public schools and teacher in the system for a number of years, was in a car driven by her sister.

As the vehicle pulled into a gas station on Park Avenue, Worcester Police Officer Jeremy Smith, with his cruiser's lights activated, pulled in behind them.

According to court records, Officer Smith lambasted the driver in a "loud and aggressive" manner while notifying her that she had been speeding, and asking her to remain in the car.

The record says Ms. Cocroft told Officer Smith he did not need to speak to her sister in that manner and that after the officer returned to his cruiser to write a citation, Ms. Cocroft exited the car, went into the Mobil store, purchased gas and return to the car.

Ms. Cocroft's action brought Officer Smith out of his cruiser, according to court records, and he told her in a loud and hostile manner to get back into the vehicle. Ms. Cocroft responded that she didn't know he had meant for her to stay in the car, and further informed him that she had rights.

The officer warned her that if she uttered another word, he would arrest her. Ms. Cocroft responded that he didn't have to talk to her in that manner. As she was getting back into the car, the officer grabbed her by the shoulders, threw her to the ground, pulled her arms behind her and placed handcuffs on her wrists, according to court records.

She was charged with disorderly conduct and resisting arrest. A jury subsequently convicted her on the resisting arrest charge, a conviction upheld by the state Appeals Court, and denied further appeal by the Supreme Judicial Court.

On Friday, however, a federal district court jury found that Officer Smith had unlawfully seized Ms. Cocroft and had violated her rights under the Massachusetts Civil Rights Act. The jury awarded her $15,000 in compensatory damages.

Police Chief Gary Gemme said the department will appeal the case. He noted that the jury found that Officer Smith did not use excessive force, violate the plaintiff's First Amendment rights or commit an assault and battery.

"These are significant findings that reinforce our belief that Officer Smith acted appropriately and professionally in exercising his police powers," the chief said.

Yet, the ruling in favor of Ms. Cocroft is significant, because it substantiated her claim that her arrest and conviction for resisting arrest was precipitated by an unlawful action by the officer, that is, he falsely arrested her for disorderly conduct.

This verdict does not vacate her conviction on resisting arrest, because, according to the court, under Massachusetts law a "person can be convicted of resisting arrest regardless of whether or not the initiating arrest was lawful."

Chris Williams, one of the ACLU lawyers handling the case, said Officer Smith became angry at Ms. Cocroft for stating that she had rights.

"She does have rights," he said.

"Sometimes people do things wrong, and when they do, citizens should feel empowered to say something happened here that is wrong."

Yes, citizens should feel empowered, but many do not have the tenacity and determination of Ms. Cocroft to press forward.

It took Ms. Cocroft, who now lives in Chicago, more than five years to receive vindication for the wrong she felt was done to her. That it could be short-lived if the department prevails in its appeal underscores the difficulty some people have finding justice in our society.